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Opinions - June 11, 2010

June 11, 2010
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Today’s Opinions

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals

Larz A. Elliott v. Rush Memorial Hospital, et al.
70A01-0911-CV-553
Civil. Affirms dismissal of Larz Elliott’s proposed medical malpractice complaint against Rush Memorial Hospital, Carrie Tressler, and Dr. Philip Kingma. Elliott had alleged battery and negligence with respect to the forced catheterization to retrieve a urine sample after a Rush County sheriff’s deputy transported him to Rush Memorial Hospital and represented a court order at the hospital to retrieve a blood sample and a urine sample. Finds trial court erred in concluding that the defendants enjoy complete statutory immunity from any civil liability related to his claims of battery and negligence, but also finds Elliot’s claims fall outside the parameters of the Medical Malpractice Act because he was not a “patient” of the defendants, and that his catheterization clearly was not for his own medical benefit.

Sam's East Inc. City of Greenwood Board of Zoning Appeals v. United Energy Corporation Inc. d/b/a Greenwood Sunoco
41A04-0909-CV-545
Civil. Affirms trial court’s reversal of the decision of the City of Greenwood Board of Zoning Appeals to issue a variance to Sam’s East Inc. to have a gas station near a Sam’s Club location in Greenwood. Since receiving approval for the gas station in 2005, Sam’s Club had encountered an environmental issue that delayed building plans, and the permit had expired before Sam’s constructed the gas station. After the permit expired, Sunoco built a gas station on property adjacent to Sam’s property. Shortly after, an ordinance was adopted that changed whether gas stations could be built in the area where Sam’s had previously received permission.

Cedar Mill Homeowners Association Inc. v. Patrick J. Bocian (NFP)
32A05-1001-SC-85
Civil. Affirms small claims court’s denial of Cedar Mill’s request for attorney’s fees.

Gregor W. King and Delores P. King v. Hamilton Southeastern Utilities Inc. (NFP)
29A05-0909-CV-527
Civil. Affirms amount of damages entered after a jury trial for the valuation of the Kings’ land affected by the acquisition of a temporary and permanent easement by eminent domain.

K.T. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-0912-EX-1266
Civil. Affirms decision of the Indiana Department of Workforce Development Unemployment Insurance Review Board affirming the decision of the administrative law judge to dismiss K.T.’s appeal as untimely.

J.S. v. J.M. and M.M. (NFP)
75A03-0911-CV-535
Civil. Affirms trial court’s order granting visitation with J.S. (mother)’s minor daughter C.G.M. to her paternal grandparents J.M. and M.M..

A.E. a/k/a A.S v. B.S. (NFP)
80A02-0909-CV-905
Civil. Reverses and remands trial court’s order emancipating A.E. (mother) and B.S. (father)’s 19-year-old son K.S. Also reverses and remands determination of arrearages on child support; and apportionment of partial arrearage to K.S.

Indiana Tax Court posted no opinions before IL deadline.

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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